Appeals court tosses Susan Powell estate battle

Posted at 5:05 PM, Jan 08, 2015

SALT LAKE CITY — The Utah Court of Appeals has tossed an estate battle involving missing West Valley City mom Susan Cox Powell.

In a ruling handed down this week, the state appeals court dismissed an appeal from Josh Powell’s mother and sister, challenging a judge’s decision to award control of the estate to Susan’s father. The appeals court said nothing has been settled in a lower court, so it would not consider the case.

Read the ruling here:

The Utah Court of Appeals dismissed the case without prejudice, meaning it can be refiled at a later time.

The estate battle centers around $2 million in insurance money. The Powell family is challenging decisions Susan’s father made when he took control of her estate after her disappearance in 2009 and Josh Powell’s death in 2012.

Susan’s father, Chuck Cox, basically cut out the Powells from the estate. In his ruling, Judge L.A. Dever sided with Cox.In July, the judge raised questions about whether Susan Cox Powell was still alive, as no one had declared her legally dead. She vanished from her West Valley City home in 2009 and has never been found.

Josh Powell, considered a suspect in her disappearance, killed himself and the couple’s children in 2012.